In every contract parties try to limit their liability. As a
result, drafters put in very broad limitations of liability, which,
up to a point, are fine and should be used. However, the problems
arise when an entity tries to draft a limitation of liability that
is so broad that it goes against public policy and state statutes.
This is what recently happened in the case of Rossi v.
Photoglou (Court of Appeals of California, Fourth District
Division Three [9/29/2014]).
The case dealt with a cast member from "The Real Housewives
of Orange County," Gretchen Rossi, and her claim that her
former friend Jay Photoglou was harassing and stalking her. At the
trial level, Rossi was successful and recovered more than $500,000
in compensatory and punitive damages. The court dismissed the
counterclaim by Photoglou against Rossi for libel, slander and
invasion of privacy. It based the dismissal on the release signed
by Photoglou which shielded not only the producers of the
